MAINTENANCE & ALIMONY
Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include - either spouse, dependent children and even indigent parents. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities. In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have any income.